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Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction - Politics - Nairaland

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Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by wwwihy: 10:03pm On Feb 22
Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates to the candidate of the party with the next highest votes, and with the required constitutional spread of votes in the results of the election.

It disqualified Degi-Eremieoyo as a candidate in the election for submitting forged certificates to INEC, stressing that the deputy-governorship candidate had infected the joint ticket with which he and Lyon ran for and won the election.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

The leadership of the APC and Degi-Eremieoyo have separately asked the apex court to review its judgement on the election.

In his reaction, Falana who has disagreed with the APC led government on many issues insisted that the apex court made a mistake.

He stressed that the court lacked the jurisdiction to entertain the matter, saying it should have gone before the Election Petition Tribunal.

Ahead of the review of the judgment by the Supreme Court, the senior advocate was hopeful that the opportunity would further develop and strengthen the country’s laws.

He said, “The election was held on the basis of the judgement of the Court of Appeal which was to the fact that yes! Degi-Eremieoyo changed his name many times, not that he forged any of his certificates; there was no such proof. Therefore, he can contest the election.”

“On the basis of that judgement, the people voted; which means by that judgement, the election was valid and legal.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

He stressed, “With profound respect, the attention of the Supreme Court was not drawn to the legality of that appeal; the case had become spent.”
https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/amp/?__twitter_impression=true

17 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by chatinent(m): 10:08pm On Feb 22
Falana has been incessant in the news of late. The gods must be crazy.

4 Likes 2 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Fasindo: 10:09pm On Feb 22
shocked











Mtchew!!!


Falana should focus on how to win El Zakyzaky case that he abandoned nd leave bayelsa election matter, he is not vast in law more than d 5 supreme court justices that delivered the case.

Just because he manage to win Sowore case he now thinks he is more vast than anybody in law

90 Likes 11 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donbachi(m): 10:14pm On Feb 22
The law is blind.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by kestolove95(f): 10:16pm On Feb 22
Just time, the judgment will b reverted

55 Likes 4 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by inspired111: 10:23pm On Feb 22
Nice one day Daddy Falana

12 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by WATCHOVER(m): 10:33pm On Feb 22
PDP simply adopted technicality method which APC brought. Thus PDP defeated APC in their own game.

That's what you get when technicality becomes the order of the day.

APC should cry, Osun state saga will continue to speak against them.

115 Likes 13 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Righteousness89(m): 10:36pm On Feb 22
The Bayelsa Governorship Wahala Happened for a Reason...
until that Reason is Accomplished, Nothing changes!

I Rest my Matter!

17 Likes 2 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 10:36pm On Feb 22
Fasindo:
shocked











Mtchew!!!


Falana should focus on how to win El Zakyzaky case that he abandoned nd leave bayelsa election matter, he is not vast in law more than d 5 supreme court justices that delivered the case.

Just because he manage to win Sowore case he now thinks he is more vast than anybody in law
A lot of people have said the judgment of the Supreme court is very funny.

First of all, the federal high court judgment which the supreme court upheld never removed the governor, it only disqualified the running mate.

Secondly, PDP only appealed the case after the Election not before. Apc actually won the appeal at the Appeal court.

66 Likes 12 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 10:39pm On Feb 22
WATCHOVER:
PDP simply adopted technicality method which APC brought. Thus PDP defeated APC in their own game.

That's what you get when technicality becomes the order of the day.

APC should cry, Osun state saga will continue to speak against them.
This is not technicality issue.

The Judges were actually misled on numerous issues to give a misleading judgment.

55 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Leo3333: 10:53pm On Feb 22
Iamgrey5:
This is not technicality issue.

The Judges were actually mislead on numerous issues to give a misleading judgment.


***Yawns***
Someone tap me please when "Fadina" says something about Imo.

31 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 10:57pm On Feb 22
Leo3333:


Imo?
Imo is not technicality.

It's the same issue of judges misled to make questionable judgment..

The judges themselves might be willing collaborators on both occasions.

10 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:25pm On Feb 22
Falana is correct.this is another point for wole to present to the apex court

14 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 11:50pm On Feb 22
Are we still on this Bayelsa matter? shocked

11 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by realstars: 11:52pm On Feb 22
Falana; what of imo?

10 Likes 1 Share

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 11:59pm On Feb 22
Iamgrey5:


First of all, the federal high court judgment which the supreme court upheld never removed the governor, it only disqualified the running mate.



Wasn’t it a joint ticket? The electoral act was so clear on that.



Secondly, PDP only appealed the case after the Election not before. Apc actually won the appeal in the Appeal court.

Does that change the fact that it was a pre-election matter?

14 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by FarahAideed: 12:01am On Feb 23
This confused deceptive lawyer again , always contradicting himself , it's only in Nigeria cut and splice lawyers like Falana are considered legal elites

10 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Iamgrey5(m): 12:03am On Feb 23
donpapa:



Wasn’t it a joint ticket? The electoral act was so clear on that.



Does that change the fact that it was a pre-election matter?
State the electoral act that supports the removal of an elected governor because his deputy wss disqualified?

Yes, it does because the Appeal court already passed a judgement in favour of the APC before the election.

donpapa:
i am not a lawyer, but do well to read section 36 of the electoral act. Yes, he was elected but the joint ticket only cease to bind them after they’ve been sworn in. Even though you and i know that it would be impossible for anyone to instigate litigation against the governor and the deputy because they enjoy immunity.

Meanwhile, the same right the APC has to appeal the High Court’s judgement is the same right PDP has to appeal the appellate court’s judgement at the Supreme Court. After all, it wasn’t a post-senatorial election matter that only ends at the Court of Appeal level.

Even if the SC erred on there judgement, I’m afraid it might not be upturned as there was no precedence in that regard. But then, anything can happen. We can only keep our fingers crossed as events unfolds in weeks to come.
Uncle lawyer, section 36 deals with the death of candidate before election result is announced not fraud related issues.

Please state the laws that backed the removal of the governor because his deputy was found to have presented a fake or misleading document.

And Sir, the Appeal at the supreme court only came after the election

I hope you understand that the Judges made a technical error not referring the case to the special court for election matters ( Tribunal) ?

22 Likes 2 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:10am On Feb 23
donpapa:
Are we still on this Bayelsa matter? shocked
It will never go away

5 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:11am On Feb 23
FarahAideed:
This confused deceptive lawyer again , always contradicting himself , it's only in Nigeria cut and splice lawyers like Falana are considered legal elites
What does section 133 says

6 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:13am On Feb 23
donpapa:



Wasn’t it a joint ticket? The electoral act was so clear on that.



Does that change the fact that it was a pre-election matter?
The must be a clear consequential order to not just disqualify the deputy but also the candidate

3 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 12:31am On Feb 23
Iamgrey5:
State the electoral act that supports the removal of a elected governor because his deputy wss disqualified?

Yes, it does because the Appeal court already passed a judgement in favour of the APC before the election.


I am not a lawyer, but do well to read section 36 of the electoral act. Yes, he was elected but the joint ticket only cease to bind them after they’ve been sworn in. Even though you and i know that it would be impossible for anyone to instigate litigation against the governor and the deputy because they enjoy immunity.

Meanwhile, the same right the APC has to appeal the High Court’s judgement is the same right PDP has to appeal the appellate court’s judgement at the Supreme Court. After all, it wasn’t a post-senatorial election matter that only ends at the Court of Appeal level.

Even if the SC erred on there judgement, I’m afraid it might not be upturned as there was no precedence in that regard. But then, anything can happen. We can only keep our fingers crossed as events unfolds in weeks to come.

20 Likes 3 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by ZAWs: 12:39am On Feb 23
Even an illiterate won't act the way mary odili did.

Supreme court don't originate cases, rather they inherites them from lower courts.

Nonsense mary odili gave a verdict on an election matter that was never existed anywhere.

Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
Too bad.

45 Likes 4 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 12:43am On Feb 23
Dansuqi:

The must be a clear consequential order to not just disqualify the deputy but also the candidate

Oh well, that would definitely be explicitly dealt with in the SC judgement review. The joint-ticket ish must have emboldened the PDP to approach the court for the disqualification of APC deputy governorship candidate. They (PDP) carefully waited for the INEC substitution window to elapse before they took it up at the court of competent jurisdiction.
Let’s not forget these politicians knows themselves. Dem be padipadi smiley

5 Likes 1 Share

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by donpapa(m): 12:50am On Feb 23
ZAWs:
Even an illiterate won't act the way mary odili did.

Supreme court don't originate cases, rather they inherites them from lower courts.

Nonsense mary odili gave a verdict on an election matter that was never existed anywhere.

Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
Too bad.

Why single out Mary Odili? There were 5-members on that panel and they ALL gave a unanimous judgement.
The same Mary Odili didn’t fail woefully and exhibited her devilish attitude when she gave a favorable judgement for APC on Kaduna and Nassarawa gubernatorial cases? Why are you people like this? angry
It’s your personal decision if you have issue with the Bayelsa judgement, but stop the (blame game) hypocrisy!
This singular act won’t grow and strengthen our democracy.

45 Likes 4 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by cr7lomo: 1:01am On Feb 23
Gani come go , Akgbakoba come go , ozekhome come go , keyamo come go... All of them no achieve anything serious...this one now wan come waste our time
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Indispensable85: 1:33am On Feb 23
That's one judgement that will be reversed in the month of March. It's prophetic!

7 Likes 1 Share

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dedetwo(m): 4:36am On Feb 23
wwwihy:
Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates to the candidate of the party with the next highest votes, and with the required constitutional spread of votes in the results of the election.

It disqualified Degi-Eremieoyo as a candidate in the election for submitting forged certificates to INEC, stressing that the deputy-governorship candidate had infected the joint ticket with which he and Lyon ran for and won the election.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

The leadership of the APC and Degi-Eremieoyo have separately asked the apex court to review its judgement on the election.

In his reaction, Falana who has disagreed with the APC led government on many issues insisted that the apex court made a mistake.

He stressed that the court lacked the jurisdiction to entertain the matter, saying it should have gone before the Election Petition Tribunal.

Ahead of the review of the judgment by the Supreme Court, the senior advocate was hopeful that the opportunity would further develop and strengthen the country’s laws.

He said, “The election was held on the basis of the judgement of the Court of Appeal which was to the fact that yes! Degi-Eremieoyo changed his name many times, not that he forged any of his certificates; there was no such proof. Therefore, he can contest the election.”

“On the basis of that judgement, the people voted; which means by that judgement, the election was valid and legal.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

He stressed, “With profound respect, the attention of the Supreme Court was not drawn to the legality of that appeal; the case had become spent.”
https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/amp/?__twitter_impression=true

How did these sticks that parade themselves as SAN become one? Whether it is pre-election matter or post-election case, the Supreme Court of any country is the final arbiter in electoral matters.

3 Likes 2 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Frankiss44(m): 5:30am On Feb 23
ZAWs:
Even an illiterate won't act the way mary odili did.

Supreme court don't originate cases, rather they inherites them from lower courts.

Nonsense mary odili gave a verdict on an election matter that was never existed anywhere.

Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
Too bad.

How many times will you be told that this has nothing to do with Mary Odili? Was she the only Supreme Court Justice on the case, she was just one among equals and her single vote wouldn't havr changed anything if the others didn't agree..

14 Likes 2 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Frankiss44(m): 5:31am On Feb 23
Indispensable85:
That's one judgement that will be reversed in the month of March. It's prophetic!

Stop making a mockery of yourself.. Bayelsa is gone for good.. The focus should be 2025. Timo Alaibe has a better chance of taking over than Lyon

11 Likes 2 Shares

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Frankiss44(m): 5:32am On Feb 23
donpapa:


Why single out Mary Odili? There were 5-members on that panel and they ALL gave a unanimous judgement.
The same Mary Odili didn’t fail woefully and exhibited her devilish attitude when she gave a favorable judgement for APC on Kaduna and Nassarawa gubernatorial cases? Why are you people like this? angry
It’s your personal decision if you have issue with the Bayelsa judgement, but stop the (blame game) hypocrisy!
This singular act won’t grow and strengthen our democracy.

Don't mind the kid.. He is just pained

12 Likes 1 Share

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